Understanding Florida Business Laws: A Beginner’s Guide

Bishoy Habib

3 min

Aug 12, 2024

Understanding Florida Business Laws: A Beginner’s Guide

Starting or buying a business in Florida can be exciting, but it's important to understand the laws and regulations involved. This guide will break down the key points you need to know to ensure you're on the right track.


1. Choosing Your Business Type

First, you need to decide on the type of business entity that suits your needs:

  • Sole Proprietorship: Simple to set up but doesn’t protect your personal assets.

  • Partnership: Shared ownership between two or more people, with variations like general partnerships (GP), limited partnerships (LP), and limited liability partnerships (LLP).

  • Corporation: A more complex structure that provides personal liability protection.

  • Limited Liability Company (LLC): Offers flexibility and liability protection, combining elements of corporations and partnerships.


2. Getting the Right Licenses and Permits

Different businesses need different licenses and permits. Here’s what to consider:

  • State Licenses: Some professions and industries, like healthcare and construction, need state-level licenses.

  • Local Licenses: Check if your county or city requires a local business tax receipt or occupational license.

  • Special Permits: You might need specific permits for certain activities, like serving food or alcohol.


3. Understanding Zoning Laws

Before you set up shop, check local zoning laws to make sure your business can operate in your chosen location. These laws regulate what types of businesses can be located where.


4. Following Employment Laws

When you acquire a business, you must comply with employment laws:

  • Wage and Hour Laws: Florida’s minimum wage is higher than the federal rate, and you must pay whichever is higher.

  • Anti-Discrimination Laws: You can't discriminate based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

  • Worker’s Compensation: If you have four or more employees, you need worker’s comp insurance to cover on-the-job injuries.


5. Navigating Contract Laws

Contracts are a big part of business acquisitions. Important contracts include:

  • Purchase Agreement: Outlines the terms of the business sale.

  • Non-Compete Agreements: Prevent the seller from starting a competing business nearby.

  • Employment Contracts: Detail job duties, salary, and benefits for employees you retain.


6. Protecting Intellectual Property

Your business might have valuable intellectual property (IP). Types of IP include:

  • Trademarks: Protect your brand name, logo, and slogans.

  • Patents: Protect inventions and innovations.

  • Copyrights: Protect creative works like music, literature, and software.

  • Trade Secrets: Protect confidential business information.


7. Complying with Environmental Regulations

If your business impacts the environment, you might need to follow environmental regulations. This can include getting permits for emissions, waste disposal, and using natural resources.


8. Understanding Taxes

You’ll need to navigate various taxes:

  • State Taxes: Florida doesn’t have a state income tax, but it does have a corporate income tax.

  • Sales Tax: You’ll need to collect sales tax on goods and services.

  • Local Taxes: Some counties and cities impose additional taxes.


9. Doing Due Diligence

Before buying a business, do your homework. Review financial records, contracts, employee information, and compliance with laws. This helps you spot any potential risks or liabilities.


10. Getting Legal Help

Business laws can be complicated, so it’s wise to get legal help. An experienced attorney can guide you through the legal requirements and protect your interests.


Conclusion

Buying a business in Florida involves understanding and complying with various laws and regulations. This guide gives you an overview of what to expect, but don’t hesitate to seek professional advice to ensure everything goes smoothly. With the right knowledge and support, you can confidently move forward with your business plans in the Sunshine State.